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Using news values explain why this made it into the news
Immediate activity Using news values explain why this made it into the news Prince Philip was speeding, using sociological terms explain why a prosecution is unlikely
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Punishment
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What is the definition of punishment? What is the purpose of prisons?
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Reduction Deterrence: The punishment discourages from future offending. ‘Making an example’ of them may also serve as a deterrent to the public at large. Policy: Margaret Thatcher ‘short, sharp, shock’ regime in young offenders’ institutes. Rehabilitation: Punishment can be used to change the offender so they no longer offend. Policy: Providing education and training in prison. Providing anger management courses. Incapacitation: Removing the offenders capacity to reoffend. Policy: Varies by society - cutting off hands, death penalty, American ‘three strikes and you’re out’.
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Retribution Retribution means ‘paying back’ - punishment not to prevent future crime but because the offenders deserve to be punished. Society deserves to punish offenders. It is an expressive rather than an instrumental view of punishment. MEANING: MEANING: Is the line clear cut between Reduction and Retribution or is there a crossover?
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Prison and Punishment around the world
There are four case studies placed around the room about punishment and prison in different nations. Using post-it notes I want you to and identify what the purpose of punishment might be for these nations. Deterrence Rehabilitation Incapacitation Retribution
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Punishment in Norway Bastoey Island in Norway is an example of a prison where High Security prisoners live freely in woods and on beaches with other offenders. Rehabilitation begins on day one in the Norwegian system, every citizen knows that when an offender is released they could be your next door neighbour and will serve society. On the Island you are put into training, in skills such as wood work and mechanics to prepare you for the outside world. There is a 16% re-offending rate among former Bastoey inmates. It is by far the lowest in Europe, quite possibly the lowest in the world. Norway does also have prisons with cells similar to the UK for some prisoners such as Anders Behring Breivik, but rehabilitation is at the heart of the system.
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Punishment in the USA The USA, due to its federal system has different ways in which is practises punishment. In 31 states the death penalty is legal, in 19 it is illegal. The USA being a money economy has a very high rate of lawsuits, where people collect damages. In October 2013, the incarceration rate of the United States of America was the highest in the world, at 716 per 100,000 of the national population. While the United States represents about 4.4 percent of the world's population, it houses around 22 percent of the world's prisoners. Rehabilitation isn’t at the heart of the system as prisons such as Guantanamo Bay shows.
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Punishment in Saudi Arabia
Saudi Arabia is a very conservative country which relies on its citizens conforming to the regime, their methods of punishment reinforce this. When you commit a crime, for example talking openly about sex. You can be subjected both to imprisonment and to lashes, in this case 1000 lashes. This is done publicly to make an example of them. If you are caught stealing in Saudi Arabia your hands and feet are cut off to stop you from being able to offend again.
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Punishment in the UK In the UK we use a variety of methods of punishment, varying from paying a fine, community service and prison. The UK does not have the death penalty but have many people serving life sentences. Crimes such as the murder of James Bulger caused a highly emotive response from the public and called for a harsher system. In UK prisons, prisoners can take qualifications and work whilst in prison creating products for sale outside. The UK is increasingly claiming damages as justice: for example the case of rogue surgeon Ian Paterson.
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Immediate activity
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Functionalist perspective of Punishment
Durkheim: The function of punishment is to uphold social solidarity and reinforce shared values. Punishment is expressive: it expresses the moral outrage at the offence. Through rituals such as public trial and punishment, society’s shared values are reaffirmed and its members come to feel a sense of moral unity.
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Durkheim: Two types of Justice
Retributive Justice: In traditional society there is little specialisation, and solidarity between individuals is based on their similarity to one another. This produces a strong collective conscience, which, when offended, responds with vengeful passion to repress the wrongdoer. Punishment is severe and cruel, and its motivation is purely expressive.
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Restitutive justice- paying back
Restitutive Justice: In modern society, there is lots of specialisaiton- we all have different roles and independent lives and so solidarity is based on creating connections and communities between individuals. Crime damages these communities, so it is necessary to repair the damage, for example through compensation. Durkheim calls this restitutive justice because it aims to restore things to how they were before the offense. It’s motivation is instrumental as it aims to restore societies balance- although it does have an expressive element because it reflects collective emotions. Explain why Durkheim’s division of the two types of justice is not as precise as he claims
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Marxism: capitalism and punishment
Maintaining existing social order: Punishment is part of the ‘repressive state apparatus’ it is a means of defending ruling-class property against lower classes. Question: How does sentencing of offences such as burglary and tax evasion support this view?
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Marxism: Capitalism and Punishment.
E.P.Thompson 1977: describes how in the 18th century punishments such as hanging and transportation to the colonies for theft or poaching were part of the ‘rule of terror’ by the landed aristocracy over the poor. Rusche & Kirchheimer 1939: each type of economy has its own penal system. For example money fines wouldn’t work without a money economy. They argue that under capitalism, imprisonment becomes the dominant form of punishment. Melossi & Pavarini 1981: imprisonment reflects capitalist relations of production: - Capitalism puts a price on workers time. Prisoners also ‘do time’ to ‘pay’ for their crime (or ‘repay a debt to society’). - The prison and capitalist factory both have a similar strict disciplinary style, involving subordination and loss of liberty.
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Quick Check Questions Explain the difference between retributive and restitutive justice. According to Marxists, why has imprisonment become the dominant form of punishment?
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Consider this Is crime and punishment political?
Are too many people in prison these days? Are certain social groups more likely to go to prison?
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The changing role of prisons
Pre 18th Century Prison today Pre-industrial Europe exercised a variety of punishments including: banishment, transportation, flogging and capital punishment. At this time, prison was seen as just a holding area for prisoners to wait whilst they were being prepared to have their ‘real’ punishment. Following the enlightenment period, which has impacted on prison today, prison is seen as the punishment itself. The idea of this is that prisoners would be reformed through hard work and religious practice. In liberal democracies who do not have the death penalty prison is the most severe form of punishment. Around two-thirds of prisoners reoffend once they have left proving it is not effective in rehabilitation. Many critics regard prison as simply an expensive way of making bad people worse.
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Politicisation of imprisonment & Mass incarceration
New Labour Ronald Reagan ‘War on Drugs’ Garland - Mass incarceration
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Consequences of Mass incarceration?
Overcrowding. Poor sanitation. Inadequate family visits. The expense of prison leads to: barely edible food, clothing shortages, lack of educational and work opportunities. Carrabine 2014
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Young offenders institutes
Transcarceration Transcarceration: Individuals getting locked into a cycle of control, shifting between different carceral agencies during their lives. Some sociologists see transcarceration as a product of the blurring lines between criminal justice and welfare agencies. Social Care system Young offenders institutes Control Agencies Housing Services Health Services
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Alternatives to prison? - Stanley Cohen
Cohen: Alternatives to prison have simply cast ‘the net of control’ over people. Far from diverting people from the criminal justice system it brings them closer to it, and even fast tracks young people into institutions.
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Applying your knowledge
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